The regulation prohibits concealed firearms in offices and
workplace facilities under the ownership, lease, or control of an executive
branch agency and includes a requirement for posting signs to this effect.

Summary of Public Comments and Agency's Response: A
summary of comments made by the public and the agency's response may be
obtained from the promulgating agency or viewed at the office of the Registrar
of Regulations.

The purpose of this chapter is to ban the carrying of
concealed firearms in offices occupied by executive branch agencies, with
certain exceptions as set forth herein.

1VAC30-105-20. Applicability.

A. This chapter applies to all buildings owned, leased, or
controlled in whole or in part by or for an executive branch agency. This
chapter is intended to be consistent with the Virginia Department of Human
Resource Management Policy 1.80 – Workplace Violence, which prohibits state
employees from possessing, brandishing, or using a weapon that is not required
by the employee's position while on state premises or engaged in state
business.

B. This chapter applies to the concealed carrying of
firearms; the Department of General Services has issued a guidance document
elsewhere prohibiting the open carrying of firearms.

C. The prohibition against carrying a concealed firearm
does not apply to law-enforcement officers, authorized security personnel, or
military personnel when such individuals are authorized to carry a firearm in
accordance with their duties and when they are carrying the firearm within that
authority. It also does not apply to state employees where the employee's
position requires carrying a concealed firearm.

D. This chapter does not apply to individuals who are on
public hunting lands, are engaged in lawful hunting, and are in compliance with
the Department of Game and Inland Fisheries hunting and trapping regulations
found in 4VAC15, regarding allowable firearms and hunting license requirements.

1VAC30-105-30. Definitions.

"Authorized security personnel" means a natural
person who is employed to (i) perform the functions of observation, detection,
reporting, or notification of appropriate authorities or designated agents
regarding persons or property on the premises he is assigned to protect; (ii)
safeguard and protect persons and property; or (iii) deter theft, loss, or
concealment of any tangible or intangible personal property on the premises he
is assigned to protect.

"Concealed firearm" means a firearm hidden from
common observation, including a firearm hidden when it is observable but is of
such deceptive appearance as to disguise the firearm's true nature.

"Executive branch agency" means any
administrative unit of state government in the executive branch, including any
department, institution, commission, board, council, authority, or other body,
however designated.

"Firearm" means any handgun, pistol, revolver,
or other weapon designed or intended to propel a missile of any kind by action
of an explosion of any combustible material.

"Law-enforcement officer" means the same as that
term is defined in § 18.2-307.1 of the Code of Virginia. This shall also
include retired law-enforcement officers certified pursuant to
§ 18.2-308.016 of the Code of Virginia.

"State office" means any building or portion of
a building owned, leased, or controlled by or for an executive branch agency.
This includes that portion of any building open to others and then used
exclusively for functions or activities sponsored by an executive branch agency
tenant or tenants while such functions are taking place. It shall not include
parking facilities, lodges or cabins owned by the Commonwealth and used solely
for the public for recreational activities, any buildings that serve as living
quarters for Commonwealth employees, or any buildings at a rest area on an
interstate highway.

1VAC30-105-40. Possession of firearms prohibited.

Possession or carrying of any concealed firearm by any
person is prohibited in state offices. Entry upon a state office in violation
of this prohibition is expressly forbidden. This prohibition does not apply to
law-enforcement officers, authorized security personnel, or military personnel
when such individuals are authorized to carry a firearm in accordance with
their duties and when they are carrying the firearm within that authority. It
also does not apply to state employees where the employee's position requires
carrying a concealed firearm.

1VAC30-105-50. Required lease terms for state offices.

All leases entered into where an executive branch agency
is the lessor shall contain a prohibition on concealed firearms consistent with
this chapter. All leases entered into for the benefit of an executive branch
agency shall contain this prohibition to indicate the lessor's acknowledgment.
Exceptions may be allowed where approved in writing by the Governor or his
designee.

1VAC30-105-60. Posting of signs.

A. Posting location. Signs shall be posted at all state
offices indicating the prohibition against carrying concealed firearms. Where
the entire premises are owned or occupied by an executive branch agency, signs
shall be displayed at every entrance. Where only a portion of the premises are
leased for an executive branch agency, the signs shall be displayed within the
leased space. If an executive branch agency is using an office open to others,
temporary signs shall be displayed at or near the entry to the office during
the time the office is being used exclusively for Commonwealth sponsored
functions or activities while such functions are taking place.

B. Size and design. Signs shall be of a size and design
approved by the Department of General Services. Agencies shall be responsible
for obtaining signage design from the Department of General Services and for
posting of the signs.

1VAC30-105-70. Enforcement.

The occupying agency shall be responsible for enforcing
this chapter.

1VAC30-105-80. Exemptions.

A. A state institution of higher education is exempt from
this chapter if the institution has implemented its own policies or regulations
governing firearms.

B. Members of the Virginia National Guard (the guard) who
possess a valid concealed handgun permit shall be exempt from this chapter
while at facilities owned by the guard or under contract or lease to the guard.
This exemption may be withdrawn by the commanding officer of any member while
such member is participating in any training or other exercises where the
commanding officer determines that (i) such possession would interfere with the
conduct of such training or other exercises, (ii) such possession may result in
mission impairment, or (iii) the member is unfit to carry a handgun.

C. The Governor or his designee may otherwise grant
exemptions from the requirements of this chapter. To qualify for an exemption,
the applying executive branch agency must show that an alternative policy
consistent with the Commonwealth's policy against firearms in state offices is
appropriate.